UNITED STATES

ATOMIC ENERGY COMMISSION

P. 0. BOX 5400

ALBUQUERQUE, NEW MEXICO

i

Alt) j1PLi DIV 1AON

SUPPLEMENTAL AGREEMENT

This SUPPLEMENTAL AGREEMENT, effective th. 1st day of July,

1966, by and between THE UNITED STATES OF AMERICA (hereinafter called the "Government"), represented by the UNITED STATES

ATOMIC ENERGY COMMISSION (hereinafter called the "Commission"),

and THE DOW CHEMICAL COMPANY (hereinafter called the

"Contractor"), a corporation organized and existing under the laws

of the State of Delaware.

WITNESSETH THAT:

WHEREAS, effective January 18, 1951, the Government and the

Contractor entered into Contract AT(29.-1)-1106 for the management

and operation by the Contractor of the Commission's Rocky Flats

Plant and for related work; and

WHEREAS, the said contract has previously been amended by

Modifications NOB. 1 through 56, 58, 61 through 64,66 through 71,

73 through 102; and

—na:

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Modification No. 103

Supplemental Agreement

Contract AT(29-1)-1106

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Modification No. 103

Contract AT(29-1)-1106

WHEREAS, the parties desire to further amend the contract to add

a provision respecting nuclear reactor safeguards as set forth hereinafter; and

WHEREAS, this Supplemental Agreement is authorized by and executed

under the Atomic Energy Act of 1954, as amended, and the Federal

Property and Administrative Services Act of 1949, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-1)-1106,

as previously amended, is hereby further amended in the following

particular but in no others:

Add ARTICLE XL - NUCLEAR REACTOR SAFETY to read as follows:

"ARTICLE XL - NUCLEAR REACTOR SAFETY

"1. The activities under this contract include the operation

of a nuclear reactor and the contractor recognizes that

such operation involves the risk of a nuclear incident

which, while the chances are remote, could adversely

affect the public health and safety. In the operation of

the nuclear reactor, the Contractor will exercise a degree

of care commensurate with the risk inyolved.

"2. The Contractor shall comply with all applicable regulations

of the Commission concerning nuclear reactor safety and

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/

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Modification

1

No. 103

Contract AT(29_1)_1106

with those requirements (including reporting requiremen

and instructions) of the Commission concerning nuclear

reactor safety of which it is notified in writing by the

Contracting Officer.

"3. Prior to the initial start-up of any nuclear reactor

under this contract and prior to any subsequent start-up

following a change which represents a significant deviation

from the procedures, equipment, or analyses described in

the Safety Analysis Report for that reactor, the Contractor

shall:

"a. Prepare a Safety Analysis Report and detailed plans

and procedures designed to assure the safe operation

and maintenance of the reactor. These will generally

cover, but riot be limited to: prestart-up check lists;

normal operation of the reactor and supporting auxiliaries; maintenance operation; emergency situations;

and technical standards for equipment and systems.

"b. Establish nuclear safety control procedures to be

used within the contractor's organization to insure

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Modification No. 103

Contract AT(29-l)_ 1106

appropriate review and internal approval of the

detailed plans and procedures specified in a. above.

"c. Submit to the Contracting Officer for his approval

such procedures relating to nuclear safety as may

be designated by him.

"d. Carry out a training program designed to assure

that all personnel who will be engaged in the operations or maintenance of a nuclear reactor understand

the approved plans and procedures for nuclear safety

pertinent to their assignments.

e. Obtain theapproval of the Contracting Officer prior

to such start-up of the reactor.

"4. In the operation aiid maintenance of any nuclear reactor under

this contract, the Contractor shall:

"a. Use all reasonable efforts to assure that all operational and maintenance activities are performed by

qualified and adequately trained prsonne1 and, except

as otherwise agreed in writing, are conducted under

the supervision of personnel who are qualified to

appraise any emergency condition and take prompt

effective action with respect thereto.

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Modification No. 103

Contract AT(29-1)-11O6

"b. Operate the reactors within the operating limits

which may be prescribed by the Contracting Officer.

The Contracting Officer will consult with the

Contractor in formulating and revising such operating

limits.

'c. Follow strictly the procedures relating to nuclear

safety approved by the Contracting Officer as specified in 3. c. above and submit to the Contracting

Officer for his approval any proposed changes in

such procedures.

"d. Establish a system of inspection approved by the

contracting Officer (including review of inspection

reports by competent technical personnel) that will

(i) provide frequent and periodic checks of-reactor

performance and of the qualifications and training of

operating and maintenance personnel and (ii) provide

for investigation of any unusual or unpredicted

reactor conditions that might affect the safe operation

of the reactor.

"e. Report promptly to the ontractiflg Officer any change

in the physical condition of the reactor or its

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Modification No. 103

Contract AT(29-1)-1106

operating characteristics that might in the judgment

of the Contractor affect the safe operation of the reactor.

tlf Shut down the reactor immediately whenever so

instructed by the Contracting Officer or whenever,

in the judgment of the Contractor, the risk of a

nuclear incident endangering persons or property

warrants such action.

"g. Prepare in cooperation with other services and

facilities available at the site and with the

approval of the Contracting Officer, a plan for

minimizing the effects of a nuclear incident upon the

health and safety of all persons on the site; cooperate

with the Contracting Officer in his preparation of a plan to

protect the public off the site; instruct its personnel as to.

their participation in such plans and any personal risk to

such personnel that may be involved; and participate in

such practice exercises as may be" desirable to assure the

effectiveness of such plans."

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J. I.. MCCra,.Deputy$anagsr Albuquerque Operations Off ice

Contracting Officer

THE DOW CHEMICAL COMPANY

DATEPctober 29, 1966 BY:$/ CALVIN A. CAMPBELL

CORPORATE CERTIFICATE

I, A/ P. Hanmer

, certify that I am the Aststnt

Secretary of the corporation named as Contractor herein;

that Calvin A. Cabe11 , who 8igned this Supplemental Agreement on behalf of said corporation was then Vice President — of said

corporation; that this Supplemental Agreement was duly signed for and

in behalf of said corporation by authority of its governing body; and is

within the scope of its corporate powers; and that I have set my hand

and the seal of the said corporation hereto on this 31st day of October , '966

SI A. P. HANNE*

A. P MIni P

Assistant. $!*t1tV

Modification No. 103

Contract AT(29-l)-11b6

previously amended, shall remain unchanged and in full force and effect.

All other terms and conditions of Contract AT(29-l)-1106, as

IN WITNESS WHEREOF, the parties hereto have executed this

Supplemental Agreement in several counterparts.

.

DATE: Und*ted)

THE UNITED STATES OF AMERICA

BY: U. S. ATOMIC ENERGY COMMISSION

BY: $1 JAMES L. MCCAW

TITLE: Vice President

•(SEAL)

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This SUPPLEMENTAL AGREEMENT, effective the 1st day of July, 1966,

by and between THE UNITED STATES OF AMERICA (hereinafter called

the "Government"), represented by the UNITED STATES ATOMIC ENERGY

COMMISSION (hereinafter called the "Commission"), and THE DOW

CHEMICAL COMPANY (hereinafter called the "Contractor"), a corporation organized and existing under the laws of the State of Delaware,

WHEREAS, effective January 18, 1951, the Government and the

Contractor entered into Contract AT(29- 1)-1l06 for the management

and operation by the Contractor of the Commission's Rocky Flats Plant

and for related work; and

WHEREAS, the said cpntract has previously been amended by

Môdifiations Nos. 1 through 56, 58, 61 through 64, 66 through 71,

73 through 101; and

WHEREAS, the parties desire to further amend the contract to reflect

their agreement upon the work to be performed by the Contractor during

the period July 1, 1966 through .JTiine 30, 1967 and the fixed fee to be

paid the Contractor for the performance of such work and to make certain other changes in the terms and conditions of the contract as set

forth hereinafter; and

WHEREAS, this Supplemental Agreement is authorized by and executed

under the Atomic Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-1)-1l°6, as

previously amended, is hereby further amended in the following particulars but in no others:

UNITED STATES

ATOMIC ENERGY COMMISSION

P. 0. BOX 5400

ALBUQUERQUE, NEW MEXICO

THIS IS A copy OF THE

EXECUTED DOCEJMENT

ALO SUPPLY DIVISION

SUPPLEMENTAL AGREEMENT

Modification No. 102

Supplemental Agreement

Contract AT(29-1)-1106

W1TNESSETH THAT:
Modification No. 102

Contract AT(29_2)_11O6

1. Paragraph 1., of ARTICLE IV - CHANGES, is amended in its entirety to read as follows:

"1. Changes and Adjustment of Fee. The Contracting Officer may at any time and without notice to the sureties, if any, issue written directions requiring additional workwithjn the general scope of this contract or directing the omission of or variation in work covered by this contract. If any such direction results in a material change in the amount or character of the work described in the article entitled "Statement of Work", Appendix B, "Scope of Work" and/or in the document described in Paragraph 2. a. of the article

entitled "Term, Estimates of Cost, Obligation of Funds, Fixed Fee and Financial Plan", an equitable adjustment of the fixed fee shall be made in accordance with the agree- ment of the parties and the contract shall be modified in writing accordingly. Any claim by either party for an adjustment under this article must be asserted in writing within 90 days from the date of receipt by the Contractor of the notification of change unless, within the said 90 days, the parties mutually agree to an extension of time for asserting the claim. The parties agree to prosecute

in good faith any claim so made in the shortest possible time after the notice of claim is filed. A failure to agree on an equitable adjustment under this article shall be deemed to be a dispute within the meaning of the article entitled 'Disputes'."

2. Paragraph 2., of ARTICLE V - TERM, ESTIMATES OF COST, OBLIGATION OF FUNDS, FIXED FEE AND FINANCIAL PLAN, is amended in its entirety to read as follows:

4

a. Estimate of Cost and FixedFee The estimated cost of the work under this contract for the period July 1, 1966 through June 30, 1967 is Forty-one Million Four Hundred Seventy-two Thousand

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Modification No 1O.

Contract AT(29-1)...11O6

Dollars ($41, 472, 000 00) exclusive of the Contractor1s

fixed fee for performance of such work. The

Contractor's fixed fee for performance of the work

during the period July 1, 1966 through June 30, 1967

is One Million Three Hundred Eighty-six Thousand Dollars ($1, 386, 000. 00). In agreeing upon the

foregoing estimate of cost, and upon the fixed fee to

be paid, the amount and character of the work which

the parties contemplated would be performed by the Contractor during the period July 1, 1966 through

June 30, 1967 is that reflected in the work assumptions set forth in Secret Restricted Data Letter,

S. R. Woodruff to L. M. Joshel, dated June 2, 1966

Subject: "Scope of Work (and Estimated Costs) Upon

Which The Dow Chemical Company's FY 1967 Fee Was Negotiated"

b. Provisional Fee Payments. The Contractor shall

also receive a fixed fee for performance of work in

subsequent periods during the term of this corjract,

each such fee to be based upon the work to be performed in the period involved and to be as negotiated

and determined prior to the start of the period

involved or at such later time as the parties may

agree. If the aforementioned determination has not

been made prior to the start of the period involved,

the Contractor shall continue to receive monthly

payments on account of fixed fee at the rate in effect during the prior period. Appropriate adjustment will be made promptly upon determination of the

fixed fee for the new period".

3. Paragraph 5. of ARTICLE V - TERM, ESTIMATES OF COST

OBLIGATION OF FUNDS, FIXED FEE AND FINANCIAL PLAN,

is amended in its entirety to read as follows

"5. Limitation on Government's Payment of Costs. Payment

by the Government to the Contractor on account of allOw- able costs shall not in the aggregate at any time exceed

the amount of funds then obligated hereunder, less the

Contractor's total fixed fee.'

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Modification No. 102*

Contract AT(29-1)-11O

Paragraph 7. of ARTICLE V - TERM, ESTIMATES OF COST,

QBLIGATION OF FUNDS, FIXED FEE AND FINANCiAL PLAN,

is amended in its entirety to read as follows

Whenever the Contractor has reason to believe that

the total cost of the work under this contract (exclusive of the Contractor's fixed fee) for the then current

annual period beginning July 1 will be substantially greater or less than the estimated cot of the work

for that period, the Contractor shall promptly notify

the Contracting Officer in writing.

The Contractor shall also notify the Contracting

Officer in writing whenever the Contractor estimates

that funds available under the contract are sufficient

only to cover contract operations, including the

Contractor's unpaicT fixed fee and outstanding commit- ments, for ninety days

When outstanding commitments, including the

Contractor's unpaid fixed fee, equal 100% of funds

available, the Contractor shall make no further

commitments or expenditures (except to meet existing commitments) and shall he excused from further

performance of the work unless and until the Contracting Officer thereafter shall increase the

funds obligated with respect to this contract.

For the sole purpose of applying the provisions of

this paragraph 7., funds available shall be deemed

4.

"7.

a.

Notice of Costs Appro3ching Estimate of Funds Available - Contractor Excused Pending Increase when Funds Available

Reached.

b.

C.

d.

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Modification No. 102

Contract AT(29-l)-llo6

to include (i) cash on hand, (ii) amounts obligated

but not advanced, including the available balance

under Letter of Credit, (iii) amounts authorized

but not yet paid to the Contractor in reimbursement

for work performed or to be performed under this

contract pursuant to "cash purchase orders" accepted

by the Contractor at the direction of or with the

approval of the Commission, and (iv) only for the purpose of determining whether the notice required

in 7. b. above must be given, other revenue in connection with contract work which the Contractor estimates

it will receive during any particular ninety day period

involved."

Paragraph 2. of ARTICLE VI - ALLOWABLE COSTS AND FIXED

FEE, is amended by deletion of the parenthetical expression

"(less applicable income and other credits)" from the first

sentence.

6. Paragraph 3. of ARTICLE VII - PAYMENTS AND ADVANCES, is amended in its entirety to read as follows

"3. Special Bank Account - Use. All advances of Government

funds shall be made by check payable to the Contractor,

or shall be secured through a Letter of Credit procedure

authorized by the Fiscal Assistant Secretary, U. S.

Treasury Department, and shall be deposited only in a

Special Bank Account or Accounts, established by an

Agreement for Special Bank Account in. the form and containing the provisions set forth in Appendix C of this

contract. The Contractor shall likewise deposit in the Special Bank Account any other revenues received by the

Contractor in connection with: the work under this contract,

other than the Contractor's fixed fee. No part of the funds

in the Special Bank Account shall be (i) mingled with any

funds of the Contractor, or (ii) used for a purpose other

t7c. J .'. .hI... 4

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5.
Modification No. 102

Contract AT(29_1)_11o6:.

than that of making payments for costs allowable under this contract, the Contractor's fixed fee, or payments for other items specifically approved in writing by the Contracting Officer. If the Contracting Officer shall at any time determine that the balance on such bank account exceeds the current needs, the Contractor

shall promptly make such disposition of the excess as the Contracting Officer may direct.

7. Paragraph 4. of ARTICLE IX - ACCOUNTS RECORDS AND

INSPECTION, is amended by substituting the word "three" for

the number "6" in the second sentence.

8. Paragraph 1. of ARTICLE X - EXAMINATION OF RECORDS,

is amended in its entirety to read as follows:

"1. The Contractor agrees the Comptroller General of the United States or any of his duly authorized representa- tives shall, until the expiration of 3 years after final

payment under this contract, have access to and the

right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract unless the Commission

authorizes their prior disposition."

9. ARTICLE XVII - SUBCONTRACTS AND PURCHASE ORDERS, is amended by the addition of Paragraph 3. as follows:

"3. Subcontractor Cost or Pricing ... Data. In addition to, and without derogation of any rights under Paragraph 1. of this article and any other provision in this contract, the Contractor shall, as and when required by the AECPR's or require subcontractors to furnish cost or pric. ing data and, when applicable, include in subcontracts the clause set forth in AECPR 9-3. 8 14-50, except as other- wise directed or approved by the Commission.

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Modification No 102

Contract AT(29-1)...l 106

10. Paragraph 2. of ARTICLE XXII - LABOR, is amended iri its entirety to read as follows:

"2. qal Opportunity. During the performance of this con- tract, the Contractor agrees as follows:

a. The Contractor will not discriminate against any

employee or applicant for employment because of race, creed, color or national origin. The

Contractor will take affirmative action to ensure

that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin. Such

action shall include, but not be limited to the

following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and

applicants for employment, notices to be provided

by the Contracting Officer setting forth the provi- sions of this nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of

the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin.

c. The Contractor will send to each labor union or

representative of workers wish which he has a

collective bargaining agreement or other contract

or understanding, a notice, to be provided by the Contracting Officer, advising the labor union or

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Modification No. 102

Contract AT(29-1)-1106

workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246

of September 24, 1965, and shall post copies of the

notice in conspicuous places available to emplOyees

and applicants for employment.

d. The Contractor will comply with all provisions of

Executive Order No. 11246 of September 24, 1965,

ancl'of the rules, regulations and relevant orders of

the Secretary of Labor.

e. The Contractor will furnish all information an3.

reports required by Executive Order No. 11246 of

September 24, 1965, and by the rules, regulations

and orders of the Secretary of Labor, or pursuant

thereto, and will permit access to his books, records

and accounts by the Commission and the Secretary

of Labor for purposes of investigation to ascertain

compliance with such rules, regulations and orders.

f. In the event of the Contractor's noncompliance with

the nondiscrimination clauses of this contract or with

any of such rules, regulations or orders, this contract

may be cancelled, terminated or suspended, in whole

or in pa.rt, and the Contractor may be declared ineligible for further Government contracts in accordance

with procedures authorized in Executive Order No.

11246 of September 24, 1965, and such other sanctions

may he imposed and remedies invoked as provided in

Executive Order No. 11246 of September 24, 1965,

or by rule, regulation or order of the Secretary of

Labor, or as otherwise provided by law.

g. The Contractor will include the provisions of subparagraphs a. through g. in every subcontract or

purchase order unless exempted by rules, regulations

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Modification No. 102

Contract AT(29-i)-11U..

or orders of the Secretary of Labor issued pursuant

to Section 204 of Executive Order No. 11246 of

September 24, 1965, sø that such provisions will

be jiinding upon each subcontractor or vendor. The

Contractor will take such action with respect to any

subcontract or purchase order as the Commission

may direct as a means of enforcing such provisions,

including sanctions for noncompliance; provided,

however, that in the event the Contractor becomes

involved in, or is threated with, litigation with a

subcontractor or vendor as a result of such direction

by the Commission, the Contractor may request the

Government to enter into such litigation to protect

the interests of the Government.

11. ARTICLE XXX - RENEGOTIATION, is amended in its entirety to

read as follows:

"ARTICLE XXX - RENEGOTIATIP

If this contract is subject to the Renegotiation Act of 1951, as

amended, the following provisions shall apply:

1. This contract is subject to the Renegotiation Act of 1951

(50 U.S.C. App. 1211, etseq.), as amended, andtoany

subsequent act of Congress providing for the renegotiation

of contracts. Nothing contained in this article shall impose

any renegotiation obligation with respect to this-contract

or any subcontiact hereunder which is not imposed by an

act of Congress heretofore or hereafter enacted. Subject

to the foregoing, this contract shall be deemed to contain

all the proviions required by Section 104 of the

Renegotiation Act of 1951, and by any such other act,

without subsequent contract amendment specifically incorporating such provisions.

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2. The Contractor agrees to insert the provisions of this

article, including this Paragraph 2., in all subcontracts,

as that term is defined in Section 103g. of the Renegotiation

Act of 1951, as amended."

All other

amended,

IN WITNESS WHEREOF, the parties hereto have executed this

Supplemental Agreement in several counterparts.

THE UNITED STATES OF AMERICA

BY: U. S. ATOMIC ENERGY COMMISSION

DATE: June 2k, 1966 BY: S/ L. P. GISE

L. P. Gise, Manager

Albuquerque Operations Office

Contracting Officer

THE DOW CHEMICAL COMPANY

DATE: June 30, 1966 BY:S/ A. P. BEUTEL

TITLE: Vice President

CORPORATE CERTIFICATE

e Calvin A. Campbell — , certify that lam the - Secretary

of the corporation named as Contractor herein;

that A. P. Beutel , who signed this Supplemental Agreement

on behalf of said corporation was then Vice President —

of said corporation; that this Supplemental Agreement was duly signed for

and in behalf of said corporation by authority of its governing body, and is

within the scope of its corporate powers; and that I have set my hand and

the seal of the said corporation hereto on this 30th day of June1966

SI CALVIN A. CAMPBELL —.

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/ Modification No. 1(

Contract AT(29-1)11O6'

terms and conditions of Contract AT(29-1)-1106, as previously

shall remain unchanged and in full force and effect.

(SEAL)
A

UNITED STATES

ATOMIC ENERGY COMMISSION

P. 0. BOX 5400

ALBUQUERQUE,. NEW MEXICO

Modification No. 101

Supplemental Agreement Contract AT(29-1)-1106

SUPPLEMENTAL AGREEMENT

ThiS.SUPPLEMENTAL AGREEMENT,. effective the 1st day of July, 1965, by and between THE UNITED STATES OF AMERICA (hereinafter, called the "Government"), represented by the UNITED STATES ATOMIC ENERGY COMMISSION (hereinafter called the "Commission"), and THE DOW

. CHEMICAL COMPANY (hereinafter called the Contractor"),. a corpora- tion organized and existing under the. laws of the State ofDelaware.

WITNESSETH THAT:

WHEREAS, effective January 18, 1951, the Government and the Contrac- tor entered into Contract AT.(29-1)-1106.for the management and opera- tion by the Contractor of the Commission's Rocky Flats Plant and for related work; and

WHEREAS, the said càntract has previously been. amended by Modifica- tions Nos. 1 through 56, 58, 61 through 64,, 66 through 71, 73 through

100; and

WHEREAS, the parties hereto desire to further amend the contract to S reflect their agreement upon .the work to be performed by the Contractor

• during the period July 1, 1965 through June 30, 1966 and the fixed fee to be paid the Contractor for the performance of such work and to make certain other changes in .the terms and conditions of the contract as set forth hereinafter.; and

WHEREAS, this Supplemental Agreement is authorized. by and. executed under the Atomic Energy Act of 1954,. as amended.

NOW THEREFORE, the parties agree that Contract A T.( 29-1) -1106, as

previously amended, is hereby further amended in the following particulars but in no others:
Modification No. 101

Contract AT(29-1)_ 1106

1. Paragraph 2. of ARTICLE V - TERM, ESTIMATES OF COST, OBLIGATION OF FUNDS,. FIXED FEE, AND FINANCL.L PLAN, is amended by adding the following:

"The estimated gross cost of the work to be performed under this contract for the period July 1, 1965 through June 30, 1966, is Thirty-nine Million Six Hundred Twenty-seven Thousand Dollars ($39, 627, 000.

Contractor's fixed

00), exclusive of the Contractor's fixed fee. The fee for performance period of such work during the July 1, 1965 through June 30, 1966, is One Million Three HundrQd Thousand Dollars ($1, 300, 000. 00)."

2. Paragraph 1. of ARTICLE XXII - LABOR, is amended to read in its entirety as follows:

"1. Contract Work Hours Standards Act - Overtime Compensation. This contract,. to the extent that it is of a character the specified in Contract Work Hours Standards Act (40 U.S. C. 327-330), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder.

a. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty

visions.of hours in such workweek on work subject to the pro- the Contract Work Hours Standards Act unless sch laborer or mechanic receives compensation at a rate

not less than one and one-half times his basic rate of pay for all such hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours.

b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of Paragraph a., the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his

unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated

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Modification No. 101

Contract AT(291)-1.1Q6

damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of Paragraph a. in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by Paragraph a.

c. Withholding for Unpaid Wages and Liquidated Damages. The Contracting Officer may withhold from the Government Prime Contractor, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy anyliabilities of such Contractor or subcontractor

for unpaid wages and liquidated damages as provided in the provisions of Paragraph b.

d. Subcontracts. The Contractor shall insert Paragraphs a. through d. of this clause in all subcontracts, and shall re- quire their inclusion in all subcontracts of any tier.

e. Records. The Contractor shall maintain payroll records containing the information specified in 29 CFR 516. 2(a). Such records shall be preserved for three years from the completion of the contract.

S . Paragraph 2. of ARTICLE XXII - BOR, is amended by sub

stituting the words "Equal Opportunity" for the words "Non- discrimination in Employment" as the title and by inserting immediately after the title the following:

"(The following clause is applicable unless this contract is exempt under the rules and regulations of the President's Committee on Equal Employment Opportunity (41 CFR, ch. 60). Exemptions include contracts and subcontracts (i) not exceeding $10, 000, (ii) not exceeding $100, 000 for standard commercial

Supplies or raw materials, and (iii) under which work is performed Outside the United States and no recruitment of workers within the United States is involved. )"

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/7 .' ': ',

Modification No. 101

Contract AT(29-1)-l106

4. The Preamble to the Personnel Appendix "A",. Modification

No. 92, is amended to read in its entirety as follows:

"The personnel policies, wage and salary schedules, and

transportation, travel and living expense policies set out in

this Appendix A are the policies of the Contractor which have

been approved by the Commission for application to this

Contract for the purpose of determining certain allowable costs as provided for in the article of this Contract entitled

'Allowable Costs and Fixed Fee', and shall apply to all

Contractor employees regularly assigned t6 the Rocky Flats

Plant, engaged in work under this Contract irrespective of the place of performance of work.

"Through the Contractor's own standard audit procedures and

executive review, the Contractor will take steps to ascertain

that the policies and procedures set forth in this Appendix A

are carried out.

"Consistent with any legal or Commission policy limitations,

it is the intention of the parties generally to treat employees

of the Contractor engaged directly on the work hereunder no

more and no 1essfavorably than employees engaged in the

Contractor's commercial operations. However, it is agreed

that only tho5e items of personnel costs and related expenses

specifically set fqrth in this Appendix A are allowable costs

under this contract. In order to achieve generally equal treat- ment of the Contractor's employees, it will be necessary to

revise this Appendix A from time to time. Either party may

request that this Appendix A be revised and the parties hereto

agree to negotiate in good faith concerning any requested

revision. Revisions to this Appendix A shall be accomplished

by written modifications to the ontract, normally in the form

of Reimbursement Authorizations, signed by both parties to

this äontract. Unless otherwise approved by the Commission,

the effective date of each such modification shall not precede

• the date on which the Contractor first requested such contract

modification in writing. Execution of such a modification by

the General Manager, or higher authority, will be binding, upon

the Contractor. For ease of reference, al1uch modifications

are hereinafter referred to as' Reimbursement AuthorizatIOflS."

-4-
CORPORATE CERTIFICATE I,. hiA. . , certify. that I am the - of the corporation named. as Contractor. herein; that H. D. sn

__________________________

who signed this Supplemental Agreement on behalf of said corporation was then

________________________________

of said corporation; that this Supplemental Agreement was duly signed.for and in behalf of said corporation by authority of .its governing body, and. is within the scope of its corporate powers; and that I have set my hand and the seal of the said corporation hereto on this th day of

_______________________

1965.

1*1 ca1w A.

.

Modification No. 101

Contract AT(29- 1)- 1106

All other terms and. conditions of .Contract AT(29- 1)- 1.106, as previously amended, shall remain, unchanged and in full force and effect.

I

IN WITNESS WHEREOF, the parties hereto have executed this Sup- plemental. Agreement in several counterparts.

THE UNITED STATES OF AMERICA

BY: U.S. ATOMIC ENERGY COMMISSION

DATE: BY:, // P,CiH

AZbsgisru Op.a*lIs Oe mncUa OMc.

THE DOW CHEMICAL COMPANY

DATE: fl/.Ø BY: J/ H. D. DMiai

TITLE:;

4

4

(SEAL)

- 5.
APPENDIX A

CONTRACT AT(29-1)-1l06 / THE DOW CHEMICAL COMPANY

MODIFICATION NO. 101

PERSONNEL POLICIES

WAGE & SALARY SCHEDULES

TRANSPORTATION, TRAVEL AND LIVING EXPENSES AND

RELATED PbLIGIES

The personnel policies, wage and salary schedules, and transportation,

travel and living expense policies set out in this Appendix A are the

policies of the Contractor which have been approved by the Commission

for application to this Contract for the purpose of determining certain

allowable costs as provided for in the article of this contract entitled

UAllowable Costs and Fixed Fee", and shall apply to all Contractor

employees regularly assigned to the Rocky Flats Plant, engaged in work

under this contract irrespective of the place of performance of work.

The policies and schedules of this Appendix A shall also apply to all

Contractor employees regularly assigned to the Albuquerque Plant

operated by the Contractor for the Commission.

Through the Contractor's own standard audit procedures and executive

review, the Contractor will take steps to ascertain that the policies and

procedures set forth in this Appendix A are carried out.

Consistent with any legal or Commission policy limitations, it is the

intention of the parties generally to treat employees of the Contractor

engaged directly on the work hereunder no more and no less favorably
Contract AT(29-l)-1106

.iployees engaged in the Contractor's commercial operations.

it is agreed that only those items of personnel costs and related

es specifically set forth in this Appendix A are allowable costs under

i contract. In order to achieve generally equal treatment of the. Con-

's employees, it will be necessary to revise this Appendix A from

time to time. Either party may request that this Appendix A be revised

and the parties hereto agree to negotiate m good faith concerning any

requested revision Revisions to this Appendix A shall be accomplished

by written modifications to the contract, normally in the form of Reimbursement Authorizations, signed by both parties to this contract. Unless otherwise approved by the Commission, the effective date of each such modification shall not precede the date on which the Contractor first requested

such contract modification in writing. Execution of such a modification by

the General Manager, or higher authority, will be binding upon the

Contractor. For ease of reference, all such modifications are hereinafter

referred to as Reimbursement Authorizations.

Appendix A, Attachment - 2 - to Modification No. 101
UNITED STATES

ATOMIC ENERGY COMMISSION

P. 0. BOX 5400

ALBUQUERQUE, NEW MEXICO

Modification No. 100

Supplemental Agreement

Contract AT(29—1)--1106

SUPPLEMENTAL AGREEMENT

This SUPPLEMENTAL AGREEMENT, effective the 1st day of. July, 1964,

by and between THE UNITED STATES OF AMERICA (hereinafter called

the "Government"), represented by the UNITED STATES ATOMIC ENERGY

COMMISSION (hereinafter called the "Commissiontt), and THE DOW

CHEMICAL COMPANY (hereinafter called the "Contractor"), a corporation

organized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, effective January 18, 1951, the Government and the Contractor

entered into Contract AT(Z9l)-J 106 for the management and operation by

the Contractor of the Commission's Rocky Flats Plant and for related

work; and

WHEREAS, the said contract has previously been amended by Modifications

Nos. 1 through 56, 58 61 through 64, 66 through 71, 73 through 99; and

WHEREAS, the parties have agreed upon the work to be performed by the

Contractor during the period July 1, 1964 through June 30, 1965 and the

fixed fee to be paid the Contractor for the performance of such work; and

WHEREAS, this Supplemental Agreement is authorized by and executed

under the Atomic Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(Z9l)1l06,

as previously amended, is hereby further amended in the following

particular but in no others:

Paragraph 2. of ARTICLE V TERM, ESTIMATES OF COST, OBLI

GATION OF FUNDS, FIXED FEE, AND FINANCIAL PLAN, is amended

jadding the following
Modification No. 100

Contract AT(29-l)-1106.

All others terms and conditions of Contract AT(29-1)-1106, as previously

amended, shall remain unchanged and in full force and effect

IN WITNESS WHEREOF, the parties hereto have executed this Supplementaj'

Agreement in several counterparts.

THE UNITED STATES OF AMERICA

BY: U.S. ATOMIC ENERGY COMMISSION!

BY: — IL,.P,Gii.

Acting Mansger

Albuqiisevqu. 0p stions Office

Coa4rsctlag Officer

THE DOW CHEMICAL COMPANY

TITLE:

j cii A. , certify that I am the______________________

of the corporation named as Contractor herein; that A who signed this Supplemental Agreement on behalf of sa'id orporation was then,j of said corporation; that this Supplemental .Agre was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers; and that

I have set my hand and the seal of the said corporation hereto on this

day of -

, 1964

"The estimated gross cost of the work to be performed under this contrá' for the period July 1, 1964 through June 30, 1965, is Forty-seven Mi111o

Seven Hundred Forty-one Thousand Dollars ($47, 741, 000. 00), exclusive of the Contractor's fixed fee. The Contractor's fixed fee for performanc of such work during the period July 1, 1964 through June 30, 1965, is

One Million Five Hundred Thousand Dollars ($1, 500, 000. 00).

S

'I

DATE:

.

DATE:

BY:

—'14164

CORPORATE CE:RTIFICATE

EAL)

em&

.1 Calvin A pb.U

-2-
UNITED STATES.

ATOMIC ENERGY COMMISSION

P. 0. BOX 5400

ALBUQUERQUE, NEW MEXICO

Modification. 1

Supplemental .A

Contract AT(29-I

SUPPLEMENTAL AGREEMENT

This SUPPLEMENTAL AGREEMENT, effective the 12th day of Septembt 1963, by and between THE UNITED STATES OF AMERICA (hreinafter

ca]1ed the'.'Qovernment"), represented by.the UNITED STATES ATOMIC

ENERGY COMMISSION (hereinafter called the "Commission"), and '1'flE

DOW CHEMICAL COMPANY (hereinafter called the "Contractor"), a

corporation organized and existing under the: laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government and the Contractor

entered into Contract AT(29-l)-1106 fOr the management and operation by

the Contractor o1 the Commission's Rocky Flats Plant and for' related work; and

WHREAS, the said contract has previously been amended by Modifications

Nos. 1 through 56, 58, 61 through 64, 66 through 71, 73 through 98; and

WHEREAS, the parties desire to further amend the contract to increase the

obligation of funds; and

WHEREAS, this Supplemental Agreement is authorized by and executed under the Atomic Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-l)-1106, as previously amended, is hereby further amended in the following particular but in no others:

Paragraph 3., ARTICLE V - TERM, ESTIMATES OF COST, OBLI

GATION OF FUNDS, FIXED FEE AND FINANCIAL, PLAN, is changed

in its entirety to read as follows:
THE UNITED STATESOF AMERICA

BY: U, S. ATOMIC ENERGY COMMISS1

DATE: SeDtember 23. 1963

Albuquerque Operations Office

Contracting Officer

THE DOW CHEMICAL COMPANY

BY: H. fl.. flnan

TITLE: President

CORPORATE CERTIFICATE

I, W. A. cGroenjgJr,. certify that I am the Assistant Secretary

of the corporatiàu named as Contractor herein; tha.t

_________________________

who signed this Supplemental Agreement on behalf of said corporation was tlier

President of said corporation, that this Supplemental Agreement was dulyiijned for and in behalf of said corporation by authority

of its governing body, and is within the scope of its corporate powers, and

that I have set my hand and the seal of'the said corporation hereto on this _?rd — day Ofçpember 1963.

.W1. A. Grec.rirci. Tv

:.

Modific

Contract A1. ..

"3.. The Commission hereby increases the .oblig.tion

of funds by Four Million Nine Hundred Thousand T

($4, 900, 000. 00) making the total obligationunder

contract Two Hundred Nine Million Sic Hundred - nine Thousand Dollars ($209, 699, 000. 00) for all purposes from its inceptiOn."

All other terms and conditions of Contract AT(29-1)-1106, as previously

amended, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Supplem€ Agr eement in several counterparts.

.

DATE: SeDtember 11. 1963 BY: K. F. T-Tertfnvd

Manager

(SEAL)

-2-
UNITED STATES

ATOMIC ENERGY COMMISSION

P.. 0. BOX 5400

ALBUQUERQUE, NEW MEXICO

Modifjcatjon.No;

Supplemental : Contract AT(29..1)1.

SUPPLEMENTAL AGREEMENT

This SUPPLEMENTAL AGREEMENT, entered into effective August 1

by and between THE UNITED STATES OF AMERICA (hereinafter caU

uGovernmentlv),. represented by the UNITED STATES ATOMIC ENERG

MISSION (hereinafter called the "Commission"), and THE DOW CHEMI(

COMPANY (hereinafter called the "Contractor"), a cOrporation org:" and existing un4er the laws of the State of Deiawarê,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government and the Contractor ent,.

into Contract AT(29-1)-1106 for the management and operation by the Con'

tractor of the Commission's Rocky Flats Plant and for related work; and:

WHEREAS, the said contract has previously been amended by Modificatk Nos. 1 through 56, 58, 61 through 64, 66 through 71, 73 through 97; and

WHEREAS, the parties have agreed to amend Paragraph 2. Nondiscrimina

tion in Employment of ARTICLE XXII - LABOR to comply with Executive 1 Order No. 11114, dated June 22, 1963, as.hereinafter provided; and

WHEREAS, this Supplemental Agreement is authorized by and executed

the Atomic Energy Act of 1954,. as amended.

NOW THEREFORE, the parties agree that Contract AT(29-1)-l106, as previously amended, is hereby further amended in the following particular but

in no others:

Paragraph 2. Nondiscrimination in Employment of ARTICLE XXII

LABOR is amended to read in its entirety as follows:

S
Modific$ic"

Contract AT(L

"2 Nondiscrimination in Employment During the perf

this contract, the Contractor agrees as follows

a. The Contractor will not discriminate against any

applicant for employment because of race, creed, c

national origin. The Contractor will take affirmativz

to ensure that applicants are employed, and that em

are treated during employment, without regard to thëi

creed, color or national origin. Such action shall md1

but not be limited to the following: employment, upgr.

demotion or transfer; recruitment or recruitment adve.:

layoff or termination; ra.tes of pay or other forms of

tion; and selection for. training including apprenticeship.

Contractor agrees to post in conspicuous places, availat.

employees and applicants for employment, notices to bel

vided by the Contr.acting Officer setting forth the provisi

this Nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisemei.

employees placed by or on behalf of the Contractor,

all qualified applicants will receive consideration for empi

ment without regard to race, creed, color or national ori

The Contractor will send to each labor union or repre

of workers with which he has a collective bargaining. agre

or other contract or understanding, a notice,to be providE

the Contracting Officer, advising the said labor union or

representative of the Contractor's commitments under this

tion,. and shall post copies of the notice in. conspicuous place.:

available to employees and applicants for employment.

d. The Contractor will comply with all provisions of Executive

Order No. 10925 of March 6, l96l, as amended, and of the

rules, regulations and relevant orders of the President's

Committee on Equal Employment Opportunity created there-

-2-

c.

by.
Contraèt..

e The Contractor will furnish all information, a

quired by Executive Order No 10925 of Marc1

amended, and by the rules, regulations and orc1

said Committee,, or pursuant thereto, and wil1'-

to his books, records and accounts by the (

the Committee for purposes of investigaton to

compliance with such rules, regulations and order'

f. In the event of the Contractor's'non-compliance wi discrimination clauses of this contract or with any oi rules, regulations or orders, this contract may be à

terminated, or suspended, in whole or in part, and - tractor may be declared ineligible for further Gover] contracts in accordance with procedures authorized

cutive Order No. 10925 of March 6, 1961, as amcsuch other sanctions may be imposed and remedies invi

as provided in the said Executive Order or by rule, règ

tion or order of. the President's Committee on Equal :

ment Opportunity, or as otherwise provided by law.

g. The Contractor will include the provisions of Paragraphs.. through g. in every subcontract or purchase order unles exempted by rules, regulations or orders of the Presidc

Committee on Equal Employment Opportunity issued pur

suant to Section 303 of Executive Order No. 10925 of.Marc

6, 1961, as amended, so that such provisjons will be U' upon each.subcontractor or vendor. The Contractor will t

such action with respect to any subcontractor purchase '

as the Conimission may direct as a means of enforcing s provisions, including sanctions for noncompliance; provid. however, that in the event the Contractor becomes involved

in or is threatened with, litigation with a subcontractor or

vendor as a result of such direction by the Commission,

the Contractor may request the Commission to enter into

such litigation to protect the interests of the Government.

ier terms and conditions of Contract AT(29-l)-1106, as previously

d, shall remain unchanged and in full force and effect

WHEREOF, the parties hereto have executed this Supplemel- several counterparts

-3-

I,
: .. Modific

Contrac - - THE UNITED STATES..I

BY U S ATOMIC ENERG

BY: L.P. Gise

Acting Manager

Albuquerque Op erati

Contracting Officer

THE DOW CHEMICAL COMPAN'

Two witnesses as to signature

of Contractor:

TITLE: Vice President

CORPORAT CERTIFICATE

H Lyon certify that I am. theAssistant_

the corporation named as Contractor herein; that Calvin 'A.if

signed this Supplemental Agreement on behalf of saidcorporE..

-Vice President of sai4 corporation, that this Supp - Lexnent was duly signed for and in behalf of said corporation by r

i governing body, and is within the scope of its corporate powei

'"ve set my hand and the seal of the said corporation hereto 01

____day

of August , 1963

H. H. Lyon

DATE: August 9, 1963

DATE: August 19, C 1963 BY: Calvin A. Campbell

.Tiilie Michalskv

Richard W. Barker, Jr.

Route #7, Midland, Michigan

Address

318 Fraser Street, Bay City, Michigan

Address

-.4-
UNITED STATES

ATOMIC ENERGY COMMISSION

P. o. BOX 5400

ALBUQUERQUE, NEW MEXICO

This SUPPLEMENTAL AGREEMENT, effective the 14th day of June, 1963, by and between THE UNITED STATES OF AMERICA (hereinafter called

the "Government"), represented by the UNITED STATES ATOMIC ENERGY

COMMISSION (hereinafter called the "Commission"), and THE DOW CHEMS

ICAL COMPANY (hereinafter called the "Contractor"), a corporation organized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government andthe Contractor

entered into Contract AT(29-1)-1106 for the management and operation by

the Contractor of the Commission's Rocky Flats Plant and for related work; and

WHEREAS, the said contract has previously been amended by Modifications

Nos. 1 through 56, 58, 61 through 64, 66 thrigh71, 73 through 96; and

WHEREAS, the parties. desire to further amend the contract to reduce the

obligation of funds; and

WHEREAS, this Supplemental Agreement is authorized by and executed

under the Atomic Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-l) 1106, as previously amended, is herebyfurther amended in the following particular but in no others:

Paragraph 3., ARTICLE V - TERM, ESTIMATES OF COST, OBLI

GATIOrq OF FUNDS, FIXED FEE AND FINANCIAL PLAN, is changed mit8 entirety to read as follows:

SUPPLEMENTAL AGREEMENT

Modification No. 97

Supplemental Agr eemeut,

Contract AT(29-1)-l106
Midland, Michigan

Address

THE UNITED STATES OF AMERICA

BY U S ATOMIC ENERGY COMMISSION

BY: /5/ Ralph P. Johnson

Ralph P. Johnson Assistant Manager for

Administration

conttactiLñgffic er THE DOW CHEMICAL COMPANY

BY:/s/ H. D. Doan

TITLE: President

Address —2-

Modifica,1

Contract

"3. The Commission hereby reduces the obligation

of funds by Two Million Six Hundred Five Thousand'Five Hundred Dol1rs ($2, 605, 500. 00)

making the total obligation under this, contract

Two Hundred Four Million Seven Hundred Ninetynine Thousand Dollars ($204,799,000.00) £or:all

purposes. from its inception."

All other terms and conditions of Contract AT(29-l)-11O6, aspreviouSl,.

amended, shall remain unchanged and in full force and effect

IN WITNESS WHEREOF, the parties hereto have executed. this Supplemer...1

Agreement in several counterparts

S

DATE: June 19, 1963

.

DATE:_ June 25, 1963

Two Witnesses as to

Signature of Contractor:

/s! Ann Robinson

/s/ J. R. Sinclair

Midland, Michigan
Modification No. 97

Contract AT(29.-l).-1F

W. A. Groening, Jr.

, certify that I am the Assistant Secretary

of the corporation named as Contractor herein9 that J

who signed this Supplemental Agreement on behalf of said corporation wag

.then President of said corporation; that this. Supplemezi.

tal Agreement was duly signed for and in behalf of said corporation by

authority of it8 governing body, and is within the scope of .its corporate

powers;, and that I have set my hand and the. seal of the said corporation heretoonthis 26 day of June — , 1963

(SEAL)

Is! W. A.. Groening, Jr.

CORPORATE CERTIFICATE
UNITED STATES

ATOMIC ENERGY COMMISSION

P. 0. BOX54OO

ALBUQUERQUE, NEW MEXICO

Modification No. 96

Su.pplemental Agreement

Contract AT(Z9.1)..1lO6

SUPPLEMENTAL AGREEMENT

This SUPPLEMENTAL AGREEMENT, effective the 1st day of July, 1963, by and between THE UNITED STATES OF AMERICA (hereinafter called the

"Government"), represented by the UNITED STATES ATOMIC ENERGY

COMMISSION (hereinafter called the "Commission"), and THE DOW CHEM.

ICAL COMPANY (hereinafter called the "Contractor"), a corporation

organized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, effective January 18, 1951, the Government and the Contractor entered into Contract AT(29-1)1l06 for the management and operation by

the Contractor of the Commission's Rocky Flats Plant and for related work; and

WHEREAS, the said contract has previously been amended by Modifications

Nos. 1 through 56, 58, 61 through 64, 66 through 71, 73 through 95; and

WHEREAS, the parties desire to further amend the contract to provide fo?

the Contractor's fixed fee and Scope of Work for the period July 1, 1963

through June 30, 1964; and

WHEREAS, the parties desire to amend the contract by substituting a pro vision entitled, "Work Hours Act of 1962 Overtime Compensation" for the

provision entitled, "Eight.Hour Law of 1912 Overtime Compensation," and to make other changes in the terms and conditions of the contract as

more particularly described hereinafter; and
Modificatioti I

Contract .AT:, -,

WHEREAS, the parties desire to amend ARTICLE XXXVIII

- NUCLEA HAZARDS INDEMNITY, of this contract to provide to the Contractor against claims for public liability with respect to nuclear inci- dents occurring outside the United States, to the extent authorized by the amendments to the Atomic Energy Act of 1954 made by the Act of August 29, 1962, 76 Stat. 409 (Public Law 87-615); and

WHEREAS, this Supplemental Agreement is authorized by and exeàuted under the Atomic Energy' Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-l)-1106, as previously amended, is hereby further amended inthe following particulars but in no others:

1. Paragraph 2., ARTICLE V - TERM ESTIMATES OF COST, OBLIGA- TION OF FUNDS, FIXED FEE, AND FINANCIAL PLAN.is changed in its entirety to read as,follows:

"2. Estimate of Cost and Fixed Fee. The estimated cost of the work under this contract for the. period July 1, 1963 through June 30, 1964, is Forty-six Million One Hundred Ninety-nine Thousand Dollars ($46, 199, 000. 00), exclu- sive of the Contractor's.fixed fee. The Contractor's fixed fee for performance of .the work during the period July 1,

1.963 through June 30, 1964, is One Million Four Hundred

Forty-six Thousand Dollars. ($1, 446, 000. 00). The Con- tractor shall also receive a fixed fee for performance of work in subsequent periods during the term of this con- tract, each such fee to be based upon the.work to'. be. per- formed in the period involved and to. be as negotiated and determined prior to the start of the period. involved or at such later time as the parties may agree. If the aforementioned determination has not been made prior to the start of the period involved, the Contractor shall continue to receive monthly payments on account of fixed.fee at the rate In effect during the prior period. Appropriate adjust- ment will be made promptly upon determination of the fixed fee fr the.new period."

-2-
"C. Consulting services (including legal and related accouting) and

except as made expenses, as approved by the Contracting Officer, tmallowable by'Subparagraph4. z."

Salary or other Compensation (and expenses related there- to) of any individual employed under this sultant or in contract as a con- aiother comparable is an employee eznploeiit capacity who of another organizatjo and concurrently performing work on a full-time annual basis for that organ- ization under a cost-type contract with the Commission, except to the extent that cash payment therefor is required pursuant to the provisions of this contract or procedures of the Commission applicable to the, borrowing of such an indi- vidual from another cost-type contractor, '

4. Paragraph. 8. of ARTICLE XI - PROPERTY, is deleted In its entirety.

5. ARTICLE Xiii

OF GOVERNMENT

- REQUIRED BONDS AND INSURANCE - EXCLUSIVE PROPERTY, is follows: arnezided,i its entirety to read as

"The Contractor shall procure and maintain such bonds and in- surance as are required by law or by the written directions of the Contracting Officer. The terms of any such bond or insur- ance policy shall be submitted to the Contracting Officer for approval, upon request. In view of the provisions of the article entitled "Property," the Contractor shall not procure or main- tain, for its own protection any ance or reserves) insuranèe (including self-irisur- covering loss Governent Property." or destruction of or damage to

—3-

Mod if icatjou:1

Contract AT(29...I

2 Subparagraph c of Paragraph 3 of ARTICLE VI AND FIXED FEE, is - ALLOWABLE c amended in its entirety to. read as follows:

3.

liz.

A new Subparagraph z. of Paragraph 4., ARTICLE VI COSTS AND FIXED - ALLOWABLE FEE,. is added:

I
-4-

Modification r

Contract AT(29-.1

6. Paragraph 3. of ARTICLE XXI - CONTRACTOR'S ORGANTZATIC.

is amended in its entirety to read as follows

"3 Control of Employees The Contractor shall be responsible for maintaining satisfactory standards of employee

competency, conduct and.integrity and Bhall be. résponsible for taking such disciplinary action with respect to

his employees as may. be necessary. The Contractor

shall establish such standards and procedurèsas are

necessary to implement effectively the provisions set

forth in Atomic Energy Commission Procurement Regulation.9-l2. 54, as that regulation appeared in the Federal Register, Volume 28, Number 49, dated March 12,

1963, and such standards and procedures shall be subject to the approval of the Contracting Officer.'

7. A new Paragraph 4. is added to ARTICLE XXI - CONTRACTOR'S

ORGANIZATION, as follows:

"4. Consultant or Other Comparable Employment Services

of Contractor Employees. The Contractor shall require

all employees who are employed full-time (an individual

who performs work under the. cost-type contract on a

full-time annual basis) or part-time (50% or more of regular annual compensation received under terms of a contract with the Commission) on the contract work to disclose to the Contractor all consultant or other comparable employment services which the employees propose to

undertake for others. The Contractor shalltransmit to

the Contracting Officer all information obtained from such

disclosures. The Contractor will require any employee

who will be employed full-time on the contract work to

agree, as a condition of his participation in such work,

that he will not perform consultant or other comparable

employment services for another Commission cost-type

contractor.or in the atomic energy field for another organization except with the prior approval of the Contractor.
Modificaton Np. 9

Contract AT(29—i)-.11

I the Contractorbe],ieves, with respect to any em.

ployee who is employe4.full-time on the contract work, that anyproposed consultant orothercom- parable employment service for an organization in

tFe atomic energy field other than a Commission

cost-type contractor may involve (a) a rate of remuneration significantly in excess of the employee's

regular rate of remunerationW* (b) a significant question concerning possible conflict with (1) the Commis..

sion's policies regarding: conduct of employees of the

Commission's Contractors, (2) the Contractor's re.-

sponsibility to report ftiUy and promptly to the Commission all significant research and. development information,. or,(3) the patent provisions. of the Contractor's contract with the Commission, the Contractor shail. obtain the prior approral of the Contracting

Officer for such çonultant or other comparable

employxpexit service."

8. Paragraph 1. of ARTICLE XXII -• LABOR, is amended to read.as

follows:

"1. . Woric. Hours Act o 1962 ...Overtime Compensation.

This contract, to the extent that it is of a. character

specified in. the Work..Hour : Act of 1962 (Public Law

87—581, 76 Stat. 357.-360) and is not covered.by the

Waish-Healey Public Contra.cts: 4ct (41 U.S. C.. 35-

45), is subject to the following provisions and to all

other provisions and exceptions of said.Work.Hours

Act of 1962.

"a. No Contractor or subcontractor contracting for

any part of the contract work shall require or

permit any .laorer or mechax.ic to be employed

qn such work in excess of eight hours in any

calendar day orin excess of forty hours in any
ModificatiOn 1.

Contract A'r(2 . workweek unless such laborer or mechanic. reC eives compensation at a. rate not less . than oe

and one-half times, his. basic rate of pay, for all

hours worked in excess of eight hours in any

calendar day or.in. excess of forty hours in'such workweek, whichever 'is the greater number of

overtime hours.

"b. In the event of any violation of 'the provisions of Subparagraph a., the Contractor' and 3ny'sub- contractor responsible for such violation shall

be liable to any affectedemployee for his unpaid

wages. In addition, such Contractor or subcontractor shall beliableto the' United States' for

liquidated damages. Such liquidated damages

shall be computed, with respect. to each individual laborer or mechanic employed in, violation of the provisions of Subparagraph a., in the sum

of Ten Dollars ($10. 00)for each calendar day on

which such employee was required or permitted

to work.inexcess of eight hours or inexcessof

forty hours, in a. workweek' without payment of the

required overtime wages.

"c. The Contracting Officer may withhold, or cause

to be withheld, from any moneys payable on account of work performed by the Contractor or

subcontractor, the, full amount of wages required'

by this contract and such sums a's mayadminiatratively be determined to be necessary to satisfy any liabilities of such Contractor'or Subcontractor for liquidated damages as provided in

Subparagraphb.

"d. Insertion of Clauses in Subcontracts. The Contractor agrees to insert the foregoing Subparagraphs

-6-
Modification No 96 Contract

a , b and c , and this Subparagraph d in all subcontracts "

9 Paragraph 4 of ARTICLE XXV - SECURITY, is amended in its entirety to read as follows:

"4. Security Clearance of Per sozuiel. The Contractor shall not permit any individual to have acces to Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's reg. ulations or requirements,"

10.

NITY, is. amended Paragraph 1. of ARTICLE XXXVIII - NUCLEAR HAZARDS INDEM- in the first sentence to refer to PiSubsecti 170 (d)" of the Atomic Energy. Act instead of "Section 170."

11. Paragraph 3. a. of ARTICLE XXXVIII

NITY,. is amended.jn - NUCLEAR HAZARDS INDEM its entirety to read as follows:

"3. a.. To the extent that the Contractor and other persons indemnified are .not compensated by any financial protection permitted or required by the Commission, the Commissjon.wji indemnify the Contractor, and other persons. indemnified, against (1) claims for pub- lie liability as described in Subparagraph.b. of this Pa.ragraph. 3. and (ii) the, reasonable costs of investi- gating and settling claims and defending suits for dam- age for such public liability, provided that the Com- mission's. liability, including such reasonable costs, under all indemnity agreements entered into' by the Commission under Section 170 of the Act, including this contract, shall not exceed Five Hundred Million Dollars ($500, 000, 0iO. 00) in the aggregate for each nuclear incident occurring within the Uthted.States or One Hundred Million Dollars ($100, 000, 000. 00) in the

-7-
Modification No. 94

Contract AT(29..l).-1106

aggregate for each nuclear incident occurring, outside.. the tJ States. irrespective of the number of persons indemnified in

connection.with this contract.

hereto have executed this Supplemental

THE UNITED STATES OF AMERICA

BY: U. S. ATOMIC ENERGY COMMISSION

BY: Is! K. F. Hertford — DATE: June 13, 1963

THE DOW CHEMICAL COMPANY

All other terms and conditions of Contract AT(29 -1)-li 06, as previously

amended, shall remain unchanged and in full force and. effect.

WITNESS WHEREOF, the parties Agreement in several counterparts.

Witnesses as to Signature'S f

Contractor:

Is! J. K. Kanes BY: Is! H. D. Doan

Midland Michigan

Address

/s! J. R. Sinclair

Midland, Michigan

Addxess

TITLE: President

-8-.

4 .
Modification No.. 96

Contract AT(29 -.1) -11 06

a

CORPORATE CERTIFiCATE

I,W. A. Groenin, Jr. , certify that I am the - Assistant Secrtary

of the corporation named as Contractor herein, that H D Doan

who signed this Supplemental Agreement Ofl behalf of said corporation was

then President _of said corporation; that this SpplementaI

Agreement wa dily signed.for and in behalf of said corporation by authority

of its governing body, aud is within the scope of its corporate powers; and

that I have set my hand and the seal of the said corporation hereto on this

z6 day of June 1963.

1sf W. A. Groenina, Jr.

(SEAL)

.

-9-
UNITED STATES

ATOMIC ENERGY COMMISSION

P 0 BOX 5400

ALBUQUERQUE, NEW MEXICO

Modification No 95

Stpplementa1 Agreement

Cdntract AT(29-l)-1106

SUPPLEMENTAL AGREEMENT

This SUPPLEMENTAL AGREEMENT, effective the 1st day of December

1962,. by and between THE UNITED STATES OF AMERICA (hereinafter

called the "Government"), represented by the UNITED STATES ATOMIC

ENERGY COMMISSION (hereinafter called the "Commission"), and THE

DOW CHEMICAL COMPANY (hereinafter called the "Contractor"), a

corporation organized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government and the Contractor

entered into Contract AT(29-1)-llO6 for the management and operation

by the Contractor of the Commission's Rocky Flats Plant andfor related work; and

WHEREAS, the said contract has previously beenamended by Modifications Nos. 1. through 56, 58, 61 through 64, 66 through 71, 73 through

and

WHEREAS, the parties desire to further amend the contract to provide

additional funds; and

WHEREAS, this Supplemental Agreement is authorized by and executed

under the Atomic Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-l.)-1106, as

previously amended, is hereby further amended in the following particular

but in. no others:

Paragraph 3. ARTICLE V - TERM, ESTIMATES OF COST, OBLIGATION

OF FUNDS, FDCED FEE, AND FINANCIAL PLAN is changed in its

entirety to read as follows:
Mi42dtjon . .—---'ontract ATL .

"3

Million Or Hundred

The.Cornmjssjoj1 hereby obligates, an additional Thirty-four Eighty-Seven Thousand Dollars ($34, 187, 000. 00) making the total obligation under this Contract Two Hundred Seven Million Four Hundred Four Thousand Five Hundred Dollars ($207, 404, 500. 00) for all purposes from its Inception. U

All other terms. and, COndjti of Contract AT(291).4 106, as previously amended,. shall remain unchanged and In, full force and effect.

IN WITNESS WHEREOF,

mental Agreement in the parties hereto have executed this Supple- several counterparts

THE UNITZD STATES OF AMERICA

BY: ATOMZC ENERGY COMMISSION

BY: t./L.P.GXSZ

1.1. GIBE, LCT!1 WAIIAGU

£3.buqu.rqui Operationi Offic. Contracting Office,

THE DOW CHEMICAL COMPANy'

BY: /*/LD.DO*J

TITLE: . Pdant

CORPORATE CERTiFICATE

IPC*1,jn A. O.apbell , certify that I am the of the corporation named as Contractor herein; that who signed this Supplemental Agreement then on behalf of said, corporation was

. of said corporation; Agreement that this Supplemental was duly signed for and of its governing in. behalf of said corporation by authority

that I. have set body, and Is within the scope of its corporate powers; a.nd my hand and the seal of the said corporation hereto on this of

, 1962

baiLul A, CAI.

.

(SEAL)

-2-
UNITED STATES

ATOMIC ENERGY COMMISSION

P. 0. BOX 5400

ALBUQUERQUE, NEW MEXICO

Modification No. 94

Supplemental Agreement

Contract AT(29-1)-.1106

SUPPLEMENTAL AGREEMENT

This. SUPPLEMENTAL AGB.EMENT, effective the 1st day of October

1962,, by and between THE UNITED STATES.OF AMERICA 'thereinafter

called. the "Government"), represented by. the U1TED STATES ATOMIC

ENERGY COMMISSION (hereinafter called the "Commission"),. and. THE

DOW CHEMICAL COMPANY (hereinafter called the "Contractor"), a

corporation organized. and existing under the laws of the State of Delaware,

.WITNESSETH THAT:

WHEREAS, on.January 18,. 1951, the Government and the Contractor entered. into Contract AT(29-1)1106 for the management and operation by the Contractor of the Commission's. Rocky, Flats Plant and for related work; and

WHEREAS, the said contract has previously been amended by Modifications Nos. 1 through.56,. 58, 61.tbrough 64, 66 through 71, 73 through and

WHEREAS,. the parties desire to further amend the contract to provide

additional funds; and

WHEREAS, this. Supplemental Agreement is authorized by and executed

under the Atomic:Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29 -1) _i1 06,. as

previously amended, is hereby further amended in the following particu1

but in.no others:

Paragraph 3. ARTICLE V, TERM, ESTIMATES OF COST,. OBI

OF FUNDS,.. FIXED FEE, AND FINAN.CLAL PLAN s changed fntt

entirety to read as. follows: , .
Modification No. 94

Contract AT.(29-'l)-l 106

"3. The Commission hereby obligates an additional Five Million

ollars.($5, 000, 000.00) making, the total obligation undex

this. contract One Hundred Seventy-three Million. Two Hundred

Seventeen. Thousand. Five Hundred Dollars ($173, 217,, 500. 00)

for all purpose s..from its inception."

All other terms and conditions of Contract AT(29-1)l 106, as previously

amended, shall remain unchanged and in full fOrce. and, effect.

IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement in several counterparts.

THE UNITED STATES OF AMERICA

BY: ATOMIC ENERGY COMMISSION

s.awi flnu

_ _____

• THE DOW CHEMICAL COMPANY

BY :$•

BY:

TITLE:rn

CORPORATE CERTIFICATE

I, , certify that I am the I

of the corporation named as Contractor herein; that j whoi' ed this Supplemental Agreement on behalf of s.id. c

then , of said corporation; that this Supp.e1

Agreement was dulysigned for and in behalf of said corporat

of its governing body, and is within the scope of its cOr'

that.I have set my hand and the seal of the said corporation

dayof

_________________

1962.

-2-
•- :.-

UNITED STATES

ATOMIC ENERGy COMMISSION

P. 0. BOX 5400

ALBUQUERQUE, NEW MEXICO

SUPPLEMENTAL AGREEMENT

Modification No. 93

Supp1ernental Agreement

Contract AT(29_1)_1106

This SUPPLEMENTAL AGREEMENT, entered into this 13th day of September 1962, by and between THE UNITED STATES OF AMERICA (hereinafter called the "Government"), represented by the UNITED STATES ATOMIC ENERGY COMMISSION (hereinafter called the "Commission"), and THE

.DOW CHEMICAL COMPANY (hereinafter called the "Contractor"), a corporation organized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government and the Contractor entered into Contract AT(29.-1)_1106 for the management and operation by the Contractor of the Commission's Rocky Flats Plant and for re- lated work; and

WHEREAS, the said contract has previously been amended by Modifica- tions Nos. 1 through 56, 58, 61 through 64, 66 through 71, 73 through 92; and

WHEREAS, the parties desire to further amend the contract to provide •additiona]. funds; and

WHEREAS, this Supplemental Agreement is authorized by and executed under the Atomic Energy Act of 1954, as amended

NOW THEREFORE, the parties agree that Contract AT(29.4)-1lo6, as previously amended, is hereby further amended in the following particular but in no others:

Paragraph 3. ARTICLE V, TERM, ESTIMATES OF COST, OBLIGATU OF FUNDS, FIXED FEE, AND FINANCIAL PLAN is changed in its entirety to read as follows:
Contr

The Commission hereby obligates an additional One Mu Five Hundred Thousand Dollars ($1, 500, 000) making L

total obligation under this contract One Hundred Sixty-eig

Million Two Hundred Seventeen Thousand Five Hundred

lars ($168, 217, 500) for all purposes from its inception

" sly

I

IN WITNESS WHEREOF, the parties hereto have executed this Supplmental Agreement in several counterparts. 'L.

THE UNITED STATES OF AMERICA

BY: ATOMIC ENERGY COMMISSION

BY:

1*$I

THE DOW

BY:,$, Ra

TITLE:

CORPORATE CERTIFICATE

I,

_________________________

certify that I am the

_____________________

of the corporation named as Contractor herein; that who signed this Supplemental Agreement on behaLf of saidMp!Pon was

then

___________________________

of said corporation; that this Supplemental Agreemen was uly signed for and in behalf of said corporation by authority ofits governing body, and is within the scope of its corporate powers; and

that I have set my hand and the seal of the said corporation hereto on this

dayof

________,

1962,

-2-

1W *i* 1t±fl

"3.

All other terms and conditions of Contract AT(29-1)-1106, as previo

amended, shall remain unchanged and in full force and effect.

(SEAL)
UNITED STATES ATOMiC ENERGY COMMISSION REIMBURSEMENT AUTHORIZATION

PAGE

LOCATION Rocky Flats, Colorado

DATE OF CONTRACT

January 18, 1951

447

264

246

229

215

- 208

116

— L

.vFlatS Plant

cOTRAcTOR

The Dow Chemical Company

CONTRACT NO.

AT(29—1) -.1106

The following revision or addition to the approved employment policies and wage and salary schedules of the contractor

Is approved as an allowable cost, effective March 20, 1967

•

Appendix A, Schedule I, Part A, Series RF is revised as follows:

Addition of Classifications

CLASSIFICATION

EVALIJAT ION

POINTS

CODE

RF-278

RF-280

RF-279

RF-275

RF .-2 81

RF.-276

RF-277

I

Albuquerque Plant Manager

Albuquerque Quality Manager

Albuquerque Manufacturing Mgr

Program Engineering Supervisor

Albuquerque Services Manager

Product Engineering Supervisor

Keypunch Operations Supervisor

2. Deletion of Classification

CODE_ CLASSIFICATI

RF—226 Records Management Coordinator

EVALUAT ION

POINTS

131

tD FOR THE ATOMIC ENERGY COMMISSION BY—

TITLE

DATE
3. Change of Classifications

CLASS IF ICATION.

Employee Relations Manager

Employee Relations Manager

Labor Relations Manager

Labor Relations Manager

Safety & Loss Prevention Mgr

DATE:

p lair

S

a United States

REIMBURSEMENT AUTHORIZATION NO. ..L_

contracto' Dow Chemical Companontract No. AT(291) ilOi

CODE

Old

New

RF-268

RF-284

Old

New

EVALTJATl.

POINTS

RF—36

RF.-285

Old

New

RF-37

RF-286

354.

339

Old

New

RF-38

RF-283

Safety & Loss Prevention Mgr

239

264

Administrative Services Mgr

Salary Administration Manager

239

215

238

215

APPROVED FOR THE

- ' .Generi
'UNITED STATES ATOMIC ENERGY COMMISSION

.._..iBURSEMENT AUTHORIZATION

DATE OF CONTRACT

PAGE 1 OF'

Appendix A, Schedule I, Part A, Series RF is revised as follows:

,1. Addition of ClassificatiOns

EVALUAT ION

CODE CLASSIFICATION POINTS

RF-290 Advanced Systems Manager 229

RF—289 Systems Programming Supervisor

RF—288 Sr Programmer

RF—282 Production Control Supervisor

RF-.292 Sr Illustration Specialist

RF—291 Illustration Specialist

181

158

153

136

117

2. Deletion of Classifications

EVALUATION

CLASSIFICATION POINTS

Programming Supervisor

Production Control Supervisor

Production Control Leader 1l7

--jF1ats Plant

LOCATION

cONTRACVOR

The Dow Chemical Company

CONTRACT NO.

Rocky Flats, Colorado

.1 AT(29—1)—l106 January 18, 1951

The following revision or addition to the approved employment policies and wage and salary schedules of the contractor

Is approved as an allowable cost, effective April 3, 1967.

CODE - RF-211

RF-8

RF-.191

RF—224

General Services Consultant 315

158

134

APPROVED F THE NTRACTOR BY:

m L1 L M. Joshel

______

FOR THE 4

A

Title: General ManaEer

.1 COMMIS$)ON BY—

Jr. Manager

.TT1L Rocky Flats

DATE:

APR 10 1967

DATE May IS, 1967

2*4 '1 -